Drunk driving is a grave public safety threat that injures hundreds of people each month. Although drunk driving is illegal, thousands of motorists get behind the wheel after having too many drinks without giving a thought to how they are jeopardizing public safety. The result is predictable: unnecessary accidents and injured victims.

Hart Law believes that accident victims deserve fair compensation when hurt in a collision with an intoxicated motorist. By suing, you also hold them accountable and uphold public safety. Contact our office today. A Spartanburg DUI accident attorney can meet in a free consultation.

Your Right to Seek Compensation for a DUI Accident

Because DUI is a crime, the driver might face criminal charges. That is a decision made by the state’s Solicitor’s Office. They often prosecute repeat offenders and those with a high blood alcohol concentration (BAC).

However, injured victims can also file a civil claim for compensation. The objective is to seek financial compensation for various damages, such as:

• Medical treatment. Many injured motorists struggle with concussions, broken bones, and organ injuries. The drunk driver should pay for your medical treatment, including surgery, pain meds, and ongoing therapy.
• Property damage. Your car was probably damaged in the crash. The drunk driver should pay to fix or replace your vehicle.
• Lost wages/income. Serious injuries keep workers out of work, so you should demand that the driver pay to compensate for lost income.
• Pain and suffering. Bodily injuries are painful and keep people awake all night. Many of our clients deal with depression or anxiety, which also deserve compensation.

The Solicitor’s Office does not file a civil claim on your behalf. Instead, contact Hart Law so we can begin your case.

Evidence in a DUI Accident Case

Our lawyers need to prove that a driver was intoxicated and that this intoxication led to the crash. Usually, we rely on:

• Toxicology tests. This is one reason to call the cops after the accident. An officer can put the driver through field sobriety tests and possibly ask for a breath or urine sample. We can request access to these results and use them in negotiations.
• Witnesses. You can testify that the driver appeared drunk (stumbling around, slurred speech, etc.) Other witnesses at the scene can provide their perspective, and someone who saw the driver in a bar can testify that they were drunk when they got in their vehicle.
• Video evidence. The police cruiser could have a dash camera which records the driver. This video shows that the driver was intoxicated when they exited the car.

Contact our office right away so we can begin to find helpful evidence. We also need to establish the full severity of your injuries. Go to the hospital following the crash and keep copies of all medical records.

Defendants in a DUI Accident

DUI cases are unlike other car crashes. There might be multiple defendants:

• The drunk driver. This person is always the primary focus of our claim and is at fault when the crash occurs due to intoxication.
• Bars, restaurants, and taverns. Any establishment that served a drunk or underage driver could be liable as well for an accident.
• Vehicle owners. The person who owned the vehicle could have rented or lent it to someone visibly intoxicated. That would make them liable, too.
• Social hosts. Someone who serves an underage motorist or someone visibly drunk could also be liable for a foreseeable crash.

Adding multiple defendants can help our clients receive full and fair compensation for their injuries, especially if the driver has very little insurance. A bar’s liability coverage could pay additional compensation.

Frequently Asked Questions about DUI Accidents in Spartanburg

How much time do I have to file a lawsuit?

In South Carolina, accident victims have three years to file a legal claim. (S.C. Code § 15-3-530.) Anyone who fails to meet this deadline, even unwittingly, will lose their ability to sue.

What happens if a family member is killed by a drunk driver?

Drunk drivers cause many fatal accidents. Surviving family members might be able to bring a wrongful death claim. This claim seeks compensation for the losses surviving family members have suffered.

Can I bring a claim if the state does not press charges?

Yes. The state doesn’t prosecute all defendants for various reasons. Nonetheless, you can always sue if you have evidence a drunk driver caused your injuries.

Call Hart Law to Speak with a Spartanburg DUI Accident Lawyer

We believe that public safety is best served by holding negligent drivers accountable. Contact our office to discuss your accident and your legal rights by calling (803) 771-7701. Our consultations are free.